5-Endless Bliss Fifth Fascicle - Hakikat Kitabevi

married, his wife will get one divorce, even if he did not intend
(to divorce his wife). He will not have to pay kaffârat also. If he
intended to divorce her three times, she would be divorced
three times. So is the case with saying, ‘May my wife be
divorced (May she be harâm for me) if I do this!’ If an unmarried
person says, ‘May everything be harâm if...,’ he has made an
oath. If he eats and drinks from his property after breaking his
oath, kaffârat becomes necessary.
If a person vows something which has the conditions for
being vowed, it becomes a nazr if he is willing to do it when he
vows it. It becomes wâjib for him to do it. For example, if he
says, ‘May it be my nazr to fast for one month for Allah’s sake,’
or, ‘May it be my nazr to fast a month if I find what I have lost,’ it
becomes wâjib for him to fast for a month when he finds the lost
thing. He cannot escape it by paying kaffârat.
If he makes the nazr depend on a condition which he does
not want to do, e.g. if he says, ‘May it be my nazr to fast for a
month if I steal so and so’s purse,’ he fasts for one month or
pays the kaffârat for an oath without having stolen it.
If a person says, ‘Inshâ-Allah,’ [1] when making an oath, it will
not become an oath.
It becomes an oath to say, ‘For the Qur’ân’s sake,’ or to put
one’s hand on the Qur’ân, or to point to the Qur’ân and say,
‘For the sake of this.’ For, this kind of oath has been customary.
It is written in Durr-ul-mukhtâr that in Shâfi’î Madhhab the
lexical meaning of the word expressing the act which is made
dependent on an oath is taken into account. In Mâlikî its
meaning used in the Qur’ân is taken into account. In Hanbalî
the meaning intended by the sworn person is taken into
account. And in Hanafî Madhhab its meaning is taken in the
sense in which it has been customary to use it in the concerned
country or countries of the time. For example, when a person
swears that he will never get on an animal’s back, his oath will
not be broken if he gets on a man’s back. For, though man is
decribed as Haywân-i-nâtiq (the reasoning and articulating
animal) in dictionaries, it has not been customary to call man
animal. If a person who has sworn that he will not sit on a post
sits on a mountain, his oath will not be broken. The Qur’ân calls
[1] ‘If Allah wills it to be so.’
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